What is a Jones Act Vessel?

Most often you will hear of these vessels qualifying under the Jones Acts: ships, barges, container ships, tug boats, tow boats, tankers, riverboat casinos, shrimp boats, trawlers, ferries, water taxis, and all other seagoing vessels on the ocean in the intra-coastal waterways. However, these may not be the only vessels to qualify under the Jones Act.

Members of the court have struggled with the appropriate definition of “vessel” as the maritime industry changes and expands. While conventional vessels such as cargo ships, barges, tugboats and cruise ships are easily distinguishable as “vessels,” the maritime industry also employs special purpose vessels such as jack-up and semi-submersible rigs, mobile offshore drilling units, dredges, and even pontoon rafts.

As a result of the changing industry, the Supreme Court recently deemed a vessel as “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” (Stewart v. Dutra Construction Co., 125 S. Ct. 1118, 1128 (2005).

With this new definition a vessel is no longer restricted to conventional watercraft such as ships and barges, but now includes unpowered floating structures such as dredges and pontoon rafts. Under the Supreme Court’s definition, the lower courts have now reconsidered the guidelines used to find vessel status for the Jones Act. Under the new rules, even a floating dormitory is a Jones Act vessel.